Senator Karen Mayne proposes the following substitute bill:


1     
VOTER PRIVACY AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Karen Mayne

5     
House Sponsor: Rebecca P. Edwards

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to a date of birth on a voter registration record.
10     Highlighted Provisions:
11          This bill:
12          ▸     specifies that a qualified person may only obtain a voter's month and year of birth
13     from the list of registered voters instead of a voter's entire date of birth;
14          ▸     allows a specified research institution to obtain and share the full date of birth of a
15     registered voter under certain conditions;
16          ▸     amends the voter registration form;
17          ▸      specifies that a governmental entity may share a protected voter registration record
18     with another governmental entity for a purpose related to voter registration or the
19     administration of an election; and
20          ▸     makes conforming changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          20A-2-104, as last amended by Laws of Utah 2015, Chapter 130
28          20A-2-108, as last amended by Laws of Utah 2015, Chapter 130
29          20A-2-306, as last amended by Laws of Utah 2017, Chapter 52
30          20A-6-105, as last amended by Laws of Utah 2014, Chapter 373
31          63G-2-202, as last amended by Laws of Utah 2016, Chapter 348
32          63G-2-302, as last amended by Laws of Utah 2017, Chapters 168 and 282
33     

34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 20A-2-104 is amended to read:
36          20A-2-104. Voter registration form -- Registered voter lists -- Fees for copies.
37          (1) An individual applying for voter registration, or an individual preregistering to
38     vote, shall complete a voter registration form in substantially the following form:
39     -----------------------------------------------------------------------------------------------------------------
40     
UTAH ELECTION REGISTRATION FORM

41     Are you a citizen of the United States of America?                    Yes     No
42     If you checked "no" to the above question, do not complete this form.
43     Will you be 18 years of age on or before election day?          Yes     No
44     If you checked "no" to the above question, are you 16 or 17 years of age and preregistering to
45     vote?                                                  Yes     No
46     If you checked "no" to both of the prior two questions, do not complete this form.
47     Name of Voter
48     _________________________________________________________________
49                         First                Middle            Last
50     Utah Driver License or Utah Identification Card Number____________________________
51     Date of Birth ______________________________________________________
52     Street Address of Principal Place of Residence
53     ____________________________________________________________________________
54          City            County            State            Zip Code
55     Telephone Number (optional) _________________________
56     Last four digits of Social Security Number ______________________
57     Last former address at which I was registered to vote (if
58     known)__________________________
59     ____________________________________________________________________________
60          City               County               State           Zip Code
61     Political Party
62     (a listing of each registered political party, as defined in Section 20A-8-101 and maintained by
63     the lieutenant governor under Section 67-1a-2, with each party's name preceded by a checkbox)
64      ◻Unaffiliated (no political party preference) ◻Other (Please specify)___________________
65          I do swear (or affirm), subject to penalty of law for false statements, that the
66     information contained in this form is true, and that I am a citizen of the United States and a
67     resident of the state of Utah, residing at the above address. Unless I have indicated above that I
68     am preregistering to vote in a later election, I will be at least 18 years of age and will have
69     resided in Utah for 30 days immediately before the next election. I am not a convicted felon
70     currently incarcerated for commission of a felony.
71          Signed and sworn
72          __________________________________________________________
73                              Voter's Signature
74          _______________(month/day/year).
75          "The portion of [a] your voter registration form that lists [a person's] your driver license
76     or identification card number, social security number, [and] email address, and the day of your
77     month of birth is a private record. The portion of [a] your voter registration form that lists [a
78     person's date] your month and year of birth is a private record, the use of which is restricted to
79     government officials, government employees, political parties, or certain other persons.
80          If you believe that disclosure of any information contained in this voter registration
81     form to a person other than a government official or government employee is likely to put you
82     or a member of your household's life or safety at risk, or to put you or a member of your
83     household at risk of being stalked or harassed, you may apply to the lieutenant governor or your
84     county clerk to have your entire voter registration record classified as private."
85     
CITIZENSHIP AFFIDAVIT

86     Name:
87     Name at birth, if different:
88     Place of birth:
89     Date of birth:
90     Date and place of naturalization (if applicable):
91          I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
92     citizen and that to the best of my knowledge and belief the information above is true and
93     correct.
94     ____________________________
95     Signature of Applicant
96          In accordance with Section 20A-2-401, the penalty for willfully causing, procuring, or
97     allowing yourself to be registered or preregistered to vote if you know you are not entitled to
98     register or preregister to vote is up to one year in jail and a fine of up to $2,500.
99     NOTICE: IN ORDER TO BE ALLOWED TO VOTE, YOU MUST PRESENT VALID
100     VOTER IDENTIFICATION TO THE POLL WORKER BEFORE VOTING, WHICH MUST
101     BE A VALID FORM OF PHOTO IDENTIFICATION THAT SHOWS YOUR NAME AND
102     PHOTOGRAPH; OR
103     TWO DIFFERENT FORMS OF IDENTIFICATION THAT SHOW YOUR NAME AND
104     CURRENT ADDRESS.
105     FOR OFFICIAL USE ONLY
106                                   Type of I.D. ____________________________
107                                   Voting Precinct _________________________
108                                   Voting I.D. Number _____________________
109     ------------------------------------------------------------------------------------------------------------------
110          (2) (a) Except as provided under Subsection (2)(b), the county clerk shall retain a copy
111     of each voter registration form in a permanent countywide alphabetical file, which may be
112     electronic or some other recognized system.
113          (b) The county clerk may transfer a superseded voter registration form to the Division
114     of Archives and Records Service created under Section 63A-12-101.
115          (3) (a) Each county clerk shall retain lists of currently registered voters.
116          (b) The lieutenant governor shall maintain a list of registered voters in electronic form.
117          (c) If there are any discrepancies between the two lists, the county clerk's list is the
118     official list.
119          (d) The lieutenant governor and the county clerks may charge the fees established
120     under the authority of Subsection 63G-2-203(10) to individuals who wish to obtain a copy of
121     the list of registered voters.
122          (4) (a) As used in this Subsection (4), "qualified person" means:
123          (i) a government official or government employee acting in the government official's or
124     government employee's capacity as a government official or a government employee;
125          (ii) a health care provider, as defined in Section 26-33a-102, or an agent, employee, or
126     independent contractor of a health care provider;
127          (iii) an insurance company, as defined in Section 67-4a-102, or an agent, employee, or
128     independent contractor of an insurance company;
129          (iv) a financial institution, as defined in Section 7-1-103, or an agent, employee, or
130     independent contractor of a financial institution;
131          (v) a political party, or an agent, employee, or independent contractor of a political
132     party; or
133          (vi) a person, or an agent, employee, or independent contractor of the person, who:
134          (A) provides the [date] month or year of birth of a registered voter that is obtained from
135     the list of registered voters only to a person who is a qualified person;
136          (B) verifies that a person, described in Subsection (4)(a)(vi)(A), to whom a [date]
137     month or year of birth that is obtained from the list of registered voters is provided, is a
138     qualified person;
139          (C) ensures, using industry standard security measures, that the [date] month or year of
140     birth of a registered voter that is obtained from the list of registered voters may not be accessed
141     by a person other than a qualified person;
142          (D) verifies that each qualified person, other than a qualified person described in
143     Subsection (4)(a)(i) or (v), to whom the person provides the [date] month or year of birth of a
144     registered voter that is obtained from the list of registered voters, will only use the [date] month
145     or year of birth to verify the accuracy of personal information submitted by an individual or to
146     confirm the identity of a person in order to prevent fraud, waste, or abuse;
147          (E) verifies that each qualified person described in Subsection (4)(a)(i), to whom the
148     person provides the [date] month or year of birth of a registered voter that is obtained from the
149     list of registered voters, will only use the [date] month or year of birth in the qualified person's
150     capacity as a government official or government employee; and
151          (F) verifies that each qualified person described in Subsection (4)(a)(v), to whom the
152     person provides the [date] month or year of birth of a registered voter that is obtained from the
153     list of registered voters, will only use the [date] month or year of birth for a political purpose.
154          (b) Notwithstanding Subsection 63G-2-302(1)(j)(iv), and except as provided in
155     Subsection 63G-2-302(1)(k), the lieutenant governor or a county clerk shall, when providing
156     the list of registered voters to a qualified person under this section, include, with the list, the
157     [dates] months and years of birth of the registered voters, if:
158          (i) the lieutenant governor or a county clerk verifies the identity of the person and that
159     the person is a qualified person; and
160          (ii) the qualified person signs a document that includes the following:
161          (A) the name, address, and telephone number of the person requesting the list of
162     registered voters;
163          (B) an indication of the type of qualified person that the person requesting the list
164     claims to be;
165          (C) a statement regarding the purpose for which the person desires to obtain the [dates]
166     months and years of birth;
167          (D) a list of the purposes for which the [date] qualified person may use the month or
168     year of birth of a registered voter that is obtained from the list of registered voters [may be
169     used];
170          (E) a statement that the [date] month or year of birth of a registered voter that is
171     obtained from the list of registered voters may not be provided or used for a purpose other than
172     a purpose described under Subsection (4)(b)(ii)(D);
173          (F) a statement that if the person obtains the [date] month or year of birth of a
174     registered voter from the list of registered voters under false pretenses, or provides or uses the
175     [date] month or year of birth of a registered voter that is obtained from the list of registered
176     voters in a manner that is prohibited by law, is guilty of a class A misdemeanor and is subject
177     to a civil fine;
178          (G) an assertion from the person that the person will not provide or use the [date]
179     month or year of birth of a registered voter that is obtained from the list of registered voters in a
180     manner that is prohibited by law; and
181          (H) notice that if the person makes a false statement in the document, the person is
182     punishable by law under Section 76-8-504.
183          (c) [The] Except as provided in Subsection (5), the lieutenant governor or a county
184     clerk may not disclose the [date] month or year of birth of a registered voter to a person that the
185     lieutenant governor or county clerk reasonably believes:
186          (i) is not a qualified person or a person described in Subsection [(4)(k)] (4)(f); or
187          (ii) will provide or use the [date] month or year of birth in a manner prohibited by law.
188          [(d) The lieutenant governor or a county clerk may not disclose the voter registration
189     form of a person, or information included in the person's voter registration form, whose voter
190     registration form is classified as private under Subsection (4)(f) to a person other than a
191     government official or government employee acting in the government official's or government
192     employee's capacity as a government official or government employee.]
193          [(e) A person is guilty of a class A misdemeanor if the person:]
194          [(i) obtains the date of birth of a registered voter from the list of registered voters under
195     false pretenses; or]
196          [(ii) uses or provides the date of birth of a registered voter that is obtained from the list
197     of registered voters, in a manner that is not permitted by law.]
198          [(f) The lieutenant governor or a county clerk shall classify the voter registration record
199     of a voter as a private record if the voter submits:]
200          [(i) a written application, created by the lieutenant governor, requesting that the voter's
201     voter registration record be classified as private; and]
202          [(ii) provides evidence to the lieutenant governor or a county clerk establishing that
203     release of the information on the voter's voter registration record is likely to put the voter or a
204     member of the voter's household's life or safety at risk, or to put the voter or a member of the
205     voter's household at risk of being stalked or harassed.]
206          [(g) The evidence described in Subsection (4)(f) may include:]
207          [(i) a protective order;]
208          [(ii) a police report; or]
209          [(iii) other evidence designated by rule, made in accordance with Title 63G, Chapter 3,
210     Utah Administrative Rulemaking Act, by the director of elections within the Office of the
211     Lieutenant Governor.]
212          [(h) In addition to any criminal penalty that may be imposed under this section, the
213     lieutenant governor may impose a civil fine against a person who obtains the date of birth of a
214     registered voter from the list of registered voters under false pretenses, or provides or uses a
215     date of birth of a registered voter that is obtained from the list of registered voters in a manner
216     that is not permitted by law, in an amount equal to the greater of:]
217          [(i) the product of 30 and the square root of the total number of dates of birth obtained,
218     provided, or used unlawfully, rounded to the nearest whole dollar; or]
219          [(ii) $200.]
220          [(i)] (d) A qualified person may not obtain, provide, or use the [date] month or year of
221     birth of a registered voter, if the [date] month or year of birth is obtained from the list of
222     registered voters or from a voter registration record, unless the person:
223          (i) is a government official or government employee who obtains, provides, or uses the
224     [date] month or year of birth in the government official's or government employee's capacity as
225     a government official or government employee;
226          (ii) is a qualified person described in Subsection (4)(a)(ii), (iii), or (iv) and obtains or
227     uses the [date] month or year of birth only to verify the accuracy of personal information
228     submitted by an individual or to confirm the identity of a person in order to prevent fraud,
229     waste, or abuse;
230          (iii) is a qualified person described in Subsection (4)(a)(v) and obtains, provides, or
231     uses the [date] month or year of birth for a political purpose; or
232          (iv) is a qualified person described in Subsection (4)(a)(vi) and obtains, provides, or
233     uses the [date] month or year of birth to provide the [date] month or year of birth to another
234     qualified person to verify the accuracy of personal information submitted by an individual or to
235     confirm the identity of a person in order to prevent fraud, waste, or abuse.
236          [(j)] (e) A person who is not a qualified person may not obtain, provide, or use the
237     [date] month or year of birth of a registered voter, if the [date] month or year of birth is
238     obtained from the list of registered voters or from a voter registration record, unless the person:
239          (i) is a candidate for public office and uses the [date] month or year of birth only for a
240     political purpose; or
241          (ii) obtains the [date] month or year of birth from a political party or a candidate for
242     public office and uses the [date] month or year of birth only for the purpose of assisting the
243     political party or candidate for public office to fulfill a political purpose.
244          [(k)] (f) The lieutenant governor or a county clerk may provide a [date] month or year
245     of birth to a member of the media, in relation to an individual designated by the member of the
246     media, in order for the member of the media to verify the identity of the individual.
247          (5) (a) As used in this section, "specified research institution" means an institution of
248     higher education described in Section 53B-2-101 that uses the full date of birth of a registered
249     voter that is obtained from the list of registered voters:
250          (i) to conduct research on human subjects that:
251          (A) has been reviewed by an institutional review board; and
252          (B) relates to reducing morbidity or mortality or evaluating or improving the quality of
253     health care;
254          (ii) in compliance with:
255          (A) this Subsection (5);
256          (B) applicable laws governing health information privacy and portability; and
257          (C) policies established by the Utah Resource for Genetic and Epidemiologic Research
258     at the University of Utah; and
259          (iii) under the oversight of the Utah Resource for Genetic and Epidemiologic Research
260     at the University of Utah.
261          (b) Notwithstanding Subsection 63G-2-302(1)(j)(iv), and except as provided in
262     Subsection 63G-2-302(1)(k), the lieutenant governor or a county clerk shall, when providing
263     the list of registered voters to a person, include, with the list, the full dates of birth of the
264     registered voters, if:
265          (i) the lieutenant governor or county clerk verifies that the person requesting the list of
266     registered voters is a specified research institution; and
267          (ii) the person signs a document that includes the following:
268          (A) the name, address, and telephone number of the person requesting the list of
269     registered voters;
270          (B) a statement regarding the purpose for which the person desires to obtain the full
271     dates of birth;
272          (C) a list of the purposes for which the person may use a partial or full date of birth of a
273     registered voter that is obtained from the list of registered voters;
274          (D) a statement that a partial or full date of birth of a registered voter that is obtained
275     from the list of registered voters may not be provided or used for a purpose other than a
276     purpose described under Subsection (5)(b)(ii)(C);
277          (E) a statement that a person that obtains the date of birth of a registered voter from the
278     list of registered voters under false pretenses, or provides or uses the date of birth of a
279     registered voter that is obtained from the list of registered voters in a manner that is prohibited
280     by law, is guilty of a class A misdemeanor and is subject to a civil fine;
281          (F) an assertion from the person that the person will not provide or use the date of birth
282     of a registered voter that is obtained from the list of registered voters in a manner that is
283     prohibited by law; and
284          (G) notice that if the person makes a false statement in the document, the person is
285     punishable by law under Section 76-8-504.
286          (c) The lieutenant governor or a county clerk may not disclose the full date of birth of a
287     registered voter to a person that the lieutenant governor or county clerk reasonably believes:
288          (i) is not a specified research institution; or
289          (ii) will provide or use the full date of birth in a manner prohibited by law.
290          (d) Except as provided in Subsection (4), the lieutenant governor or a county clerk may
291     not disclose the month and year of birth of a registered voter to a person that the lieutenant
292     governor or county clerk reasonably believes:
293          (i) is not a specified research institution; or
294          (ii) will provide or use the month or year of birth in a manner prohibited by law.
295          (e) A specified research institution may not obtain, provide, or use the date of birth of a
296     registered voter, if the date of birth is obtained from the list of registered voters or from a voter
297     registration record, unless the specified research institution obtains or uses the date of birth
298     only to conduct the research described in Subsection (5)(a)(i).
299          (f) A specified research institution may provide the date of birth of a registered voter
300     that is obtained from the list of registered voters to an agent, employee, or independent
301     contractor of the specified research institution if the specified research institution ensures that
302     the agent, employee, or independent contractor:
303          (i) will use industry standard security measures to ensure that the date of birth may not
304     be accessed by a person other than the specified research institution or the agent, employee, or
305     independent contractor; and
306          (ii) only uses the date of birth to conduct the research described in Subsection (5)(a)(i).
307          (6) (a) The lieutenant governor or a county clerk shall classify the voter registration
308     record of a voter as a private record if the voter:
309          (i) submits a written application, created by the lieutenant governor, requesting that the
310     voter's voter registration record be classified as private; and
311          (ii) provides evidence to the lieutenant governor or a county clerk establishing that
312     release of the information on the voter's voter registration record is likely to put the voter or a
313     member of the voter's household's life or safety at risk, or to put the voter or a member of the
314     voter's household at risk of being stalked or harassed.
315          (b) The evidence described in Subsection (6)(a) may include:
316          (i) a protective order;
317          (ii) a police report; or
318          (iii) other evidence designated by rule, made in accordance with Title 63G, Chapter 3,
319     Utah Administrative Rulemaking Act, by the director of elections within the Office of the
320     Lieutenant Governor.
321          (c) The lieutenant governor or a county clerk may not disclose the voter registration
322     form of an individual, or information included in the individual's voter registration form, whose
323     voter registration form is classified as private under Subsection (6)(a) to a person other than a
324     government official or government employee acting in the government official's or government
325     employee's capacity as a government official or government employee.
326          (7) (a) A person is guilty of a class A misdemeanor if the person:
327          (i) obtains a registered voter's day, month, or year of birth from the list of registered
328     voters under false pretenses; or
329          (ii) uses or provides a registered voter's day, month, or year of birth that is obtained
330     from the list of registered voters, in a manner that is not permitted by law.
331          (b) In addition to any criminal penalty that may be imposed under this section, the
332     lieutenant governor may impose a civil fine against a person who obtains a registered voter's
333     day, month, or year of birth from the list of registered voters under false pretenses, or provides
334     or uses a registered voter's day, month, or year of birth that is obtained from the list of
335     registered voters in a manner that is not permitted by law, in an amount equal to the greater of:
336          (i) the product of 30 and the square root of the total number of days, months, or years
337     of birth obtained, provided, or used unlawfully, rounded to the nearest whole dollar; or
338          (ii) $200.
339          [(5)] (8) When political parties not listed on the voter registration form qualify as
340     registered political parties under Title 20A, Chapter 8, Political Party Formation and
341     Procedures, the lieutenant governor shall inform the county clerks about the name of the new
342     political party and direct the county clerks to ensure that the voter registration form is modified
343     to include that political party.
344          [(6)] (9) Upon receipt of a voter registration form from an applicant, the county clerk
345     or the clerk's designee shall:
346          (a) review each voter registration form for completeness and accuracy; and
347          (b) if the county clerk believes, based upon a review of the form, that an individual
348     may be seeking to register or preregister to vote who is not legally entitled to register or
349     preregister to vote, refer the form to the county attorney for investigation and possible
350     prosecution.
351          Section 2. Section 20A-2-108 is amended to read:
352          20A-2-108. Driver license registration form -- Transmittal of information.
353          (1) The lieutenant governor and the Driver License Division shall design the driver
354     license application and renewal forms to include the following questions:
355          (a) "If you are not registered to vote where you live now, would you like to register to
356     vote today?"; and
357          (b) "If you are 16 or 17 years of age, and will not be 18 years of age before the date of
358     the next election, would you like to preregister to vote today?"
359          (2) (a) The lieutenant governor and the Driver License Division shall design a motor
360     voter registration form to be used in conjunction with driver license application and renewal
361     forms.
362          (b) Each driver license application and renewal form shall contain:
363          (i) a place for the applicant to decline to register or preregister to vote;
364          (ii) an eligibility statement in substantially the following form:
365          "I do swear (or affirm), subject to penalty of law for false statements, that the
366     information contained in this form is true, and that I am a citizen of the United States and a
367     resident of the state of Utah, residing at the above address. Unless I have indicated above that I
368     am preregistering to vote in a later election, I will be at least 18 years of age and will have
369     resided in Utah for 30 days immediately before the next election.
370     Signed and sworn
371     ____________________________________________________
372                    Voter's Signature
373     __________(month\day\year)";
374          (iii) a citizenship affidavit in substantially the following form:
375     
"CITIZENSHIP AFFIDAVIT

376     Name:
377     Name at birth, if different:
378     Place of birth:
379     Date of birth:
380     Date and place of naturalization (if applicable):
381          I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
382     citizen and that to the best of my knowledge and belief the information above is true and
383     correct.
384     ____________________________
385     Signature of Applicant
386          In accordance with Section 20A-2-401, the penalty for willfully causing, procuring, or
387     allowing yourself to be registered or preregistered to vote if you know you are not entitled to
388     register or preregister to vote is up to one year in jail and a fine of up to $2,500";
389          (iv) a statement that if an applicant declines to register or preregister to vote, the fact
390     that the applicant has declined to register or preregister will remain confidential and will be
391     used only for voter registration purposes;
392          (v) a statement that if an applicant does register or preregister to vote, the office at
393     which the applicant submits a voter registration application will remain confidential and will be
394     used only for voter registration purposes; and
395          (vi) the following statement:
396          "The portion of [a] your voter registration form that lists [a person's] your driver license
397     or identification card number, social security number, [and] email address, and the day of your
398     month of birth is a private record. The portion of [a] your voter registration form that lists [a
399     person's date] your month and year of birth is a private record, the use of which is restricted to
400     government officials, government employees, political parties, or certain other persons.
401          If you believe that disclosure of any information contained in this voter registration
402     form to a person other than a government official or government employee is likely to put you
403     or a member of your household's life or safety at risk, or to put you or a member of your
404     household at risk of being stalked or harassed, you may apply to the lieutenant governor or your
405     county clerk to have your entire voter registration record classified as private."
406          (3) Upon receipt of a voter registration form from an applicant, the county clerk or the
407     clerk's designee shall:
408          (a) review the voter registration form for completeness and accuracy; and
409          (b) if the county clerk believes, based upon a review of the form, that a person may be
410     seeking to register or preregister to vote who is not legally entitled to register or preregister to
411     vote, refer the form to the county attorney for investigation and possible prosecution.
412          Section 3. Section 20A-2-306 is amended to read:
413          20A-2-306. Removing names from the official register -- Determining and
414     confirming change of residence.
415          (1) A county clerk may not remove a voter's name from the official register on the
416     grounds that the voter has changed residence unless the voter:
417          (a) confirms in writing that the voter has changed residence to a place outside the
418     county; or
419          (b) (i) has not voted in an election during the period beginning on the date of the notice
420     required by Subsection (3), and ending on the day after the date of the second regular general
421     election occurring after the date of the notice; and
422          (ii) has failed to respond to the notice required by Subsection (3).
423          (2) (a) When a county clerk obtains information that a voter's address has changed and
424     it appears that the voter still resides within the same county, the county clerk shall:
425          (i) change the official register to show the voter's new address; and
426          (ii) send to the voter, by forwardable mail, the notice required by Subsection (3)
427     printed on a postage prepaid, preaddressed return form.
428          (b) When a county clerk obtains information that a voter's address has changed and it
429     appears that the voter now resides in a different county, the county clerk shall verify the
430     changed residence by sending to the voter, by forwardable mail, the notice required by
431     Subsection (3) printed on a postage prepaid, preaddressed return form.
432          (3) Each county clerk shall use substantially the following form to notify voters whose
433     addresses have changed:
434          "VOTER REGISTRATION NOTICE
435          We have been notified that your residence has changed. Please read, complete, and
436     return this form so that we can update our voter registration records. What is your current
437     street address?
438     ___________________________________________________________________________
439     Street                      City                County          State          Zip
440          If you have not changed your residence or have moved but stayed within the same
441     county, you must complete and return this form to the county clerk so that it is received by the
442     county clerk no later than 30 days before the date of the election. If you fail to return this form
443     within that time:
444          - you may be required to show evidence of your address to the poll worker before being
445     allowed to vote in either of the next two regular general elections; or
446          - if you fail to vote at least once from the date this notice was mailed until the passing
447     of two regular general elections, you will no longer be registered to vote. If you have changed
448     your residence and have moved to a different county in Utah, you may register to vote by
449     contacting the county clerk in your county.
450     ________________________________________
451     Signature of Voter"
452          "The portion of [a] your voter registration form that lists [a person's] your driver license
453     or identification card number, social security number, [and] email address, and the day of your
454     month of birth is a private record. The portion of [a] your voter registration form that lists [a
455     person's date] your month and year of birth is a private record, the use of which is restricted to
456     government officials, government employees, political parties, or certain other persons.
457          If you believe that disclosure of any information contained in this voter registration
458     form to a person other than a government official or government employee is likely to put you
459     or a member of your household's life or safety at risk, or to put you or a member of your
460     household at risk of being stalked or harassed, you may apply to the lieutenant governor or your
461     county clerk to have your entire voter registration record classified as private."
462          (4) (a) Except as provided in Subsection (4)(b), the county clerk may not remove the
463     names of any voters from the official register during the 90 days before a regular primary
464     election and the 90 days before a regular general election.
465          (b) The county clerk may remove the names of voters from the official register during
466     the 90 days before a regular primary election and the 90 days before a regular general election
467     if:
468          (i) the voter requests, in writing, that the voter's name be removed; or
469          (ii) the voter has died.
470          (c) (i) After a county clerk mails a notice as required in this section, the county clerk
471     may list that voter as inactive.
472          (ii) If a county clerk receives a returned voter identification card, determines that there
473     was no clerical error causing the card to be returned, and has no further information to contact
474     the voter, the county clerk may list that voter as inactive.
475          (iii) An inactive voter shall be allowed to vote, sign petitions, and have all other
476     privileges of a registered voter.
477          (iv) A county is not required to send routine mailings to an inactive voter and is not
478     required to count inactive voters when dividing precincts and preparing supplies.
479          Section 4. Section 20A-6-105 is amended to read:
480          20A-6-105. Provisional ballot envelopes.
481          (1) Each election officer shall ensure that provisional ballot envelopes are printed in
482     substantially the following form:
483          "AFFIRMATION
484     Are you a citizen of the United States of America? Yes No
485     Will you be 18 years old on or before election day? Yes No
486     If you checked "no" in response to either of the two above questions, do not complete this
487     form.
488          Name of Voter _________________________________________________________
489                         First                Middle               Last
490          Driver License or Identification Card Number _________________________________
491          State of Issuance of Driver License or Identification Card Number _________________
492          Date of Birth ___________________________________________________________
493          Street Address of Principal Place of Residence
494          ______________________________________________________________________
495               City               County               State          Zip Code
496          Telephone Number (optional) ______________________________________________
497          Last four digits of Social Security Number ____________________________
498          Last former address at which I was registered to vote (if known)
499          ______________________________________________________________________
500               City               County               State          Zip Code
501          Voting Precinct (if known)
502     _________________________________________________
503          I, (please print your full name)__________________________do solemnly swear or
504     affirm:
505          That I am currently registered to vote in the state of Utah and am eligible to vote in this
506     election; that I have not voted in this election in any other precinct; that I am eligible to vote in
507     this precinct; and that I request that I be permitted to vote in this precinct; and
508          Subject to penalty of law for false statements, that the information contained in this
509     form is true, and that I am a citizen of the United States and a resident of Utah, residing at the
510     above address; and that I am at least 18 years old and have resided in Utah for the 30 days
511     immediately before this election.
512     Signed ______________________________________________________________________
513     Dated ______________________________________________________________________
514          In accordance with Section 20A-3-506, wilfully providing false information above is a
515     class B misdemeanor under Utah law and is punishable by imprisonment and by fine."
516          "The portion of [a] your voter registration form that lists [a person's] your driver license
517     or identification card number, social security number, and email address, and the day of your
518     month of birth, is a private record. The portion of [a] your voter registration form that lists [a
519     person's date] your month and year of birth is a private record, the use of which is restricted to
520     government officials, government employees, political parties, or certain other persons.
521          If you believe that disclosure of any information contained in this voter registration
522     form to a person other than a government official or government employee is likely to put you
523     or a member of your household's life or safety at risk, or to put you or a member of your
524     household at risk of being stalked or harassed, you may apply to the lieutenant governor or your
525     county clerk to have your entire voter registration record classified as private."
526          "CITIZENSHIP AFFIDAVIT
527          Name:
528          Name at birth, if different:
529          Place of birth:
530          Date of birth:
531          Date and place of naturalization (if applicable):
532          I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
533     citizen and that to the best of my knowledge and belief the information above is true and
534     correct.
535                                             ____________________________
536                                                  Signature of Applicant
537          In accordance with Section 20A-2-401, the penalty for willfully causing, procuring, or
538     allowing yourself to be registered to vote if you know you are not entitled to register to vote is
539     up to one year in jail and a fine of up to $2,500."
540          (2) The provisional ballot envelope shall include:
541          (a) a unique number;
542          (b) a detachable part that includes the unique number; and
543          (c) a telephone number, internet address, or other indicator of a means, in accordance
544     with Section 20A-6-105.5, where the voter can find out if the provisional ballot was counted.
545          Section 5. Section 63G-2-202 is amended to read:
546          63G-2-202. Access to private, controlled, and protected documents.
547          (1) [Upon request, and except] Except as provided in Subsection (11)(a), a
548     governmental entity [shall]:
549           (a) shall, upon request, disclose a private record to:
550          [(a)] (i) the subject of the record;
551          [(b)] (ii) the parent or legal guardian of an unemancipated minor who is the subject of
552     the record;
553          [(c)] (iii) the legal guardian of a legally incapacitated individual who is the subject of
554     the record;
555          [(d)] (iv) any other individual who:
556          [(i)] (A) has a power of attorney from the subject of the record;
557          [(ii)] (B) submits a notarized release from the subject of the record or the individual's
558     legal representative dated no more than 90 days before the date the request is made; or
559          [(iii)] (C) if the record is a medical record described in Subsection 63G-2-302(1)(b), is
560     a health care provider, as defined in Section 26-33a-102, if releasing the record or information
561     in the record is consistent with normal professional practice and medical ethics; or
562          [(e)] (v) any person to whom the record must be provided pursuant to:
563          [(i)] (A) court order as provided in Subsection (7); or
564          [(ii)] (B) a legislative subpoena as provided in Title 36, Chapter 14, Legislative
565     Subpoena Powers[.]; and
566          (b) may disclose a private record described in Subsection 63G-2-302(1)(j) or (k),
567     without complying with Section 63G-2-206, to another governmental entity for a purpose
568     related to:
569          (i) voter registration; or
570          (ii) the administration of an election.
571          (2) (a) Upon request, a governmental entity shall disclose a controlled record to:
572          (i) a physician, psychologist, certified social worker, insurance provider or producer, or
573     a government public health agency upon submission of:
574          (A) a release from the subject of the record that is dated no more than 90 days prior to
575     the date the request is made; and
576          (B) a signed acknowledgment of the terms of disclosure of controlled information as
577     provided by Subsection (2)(b); and
578          (ii) any person to whom the record must be disclosed pursuant to:
579          (A) a court order as provided in Subsection (7); or
580          (B) a legislative subpoena as provided in Title 36, Chapter 14, Legislative Subpoena
581     Powers.
582          (b) A person who receives a record from a governmental entity in accordance with
583     Subsection (2)(a)(i) may not disclose controlled information from that record to any person,
584     including the subject of the record.
585          (3) If there is more than one subject of a private or controlled record, the portion of the
586     record that pertains to another subject shall be segregated from the portion that the requester is
587     entitled to inspect.
588          (4) Upon request, and except as provided in Subsection (10) or (11)(b), a governmental
589     entity shall disclose a protected record to:
590          (a) the person that submitted the record;
591          (b) any other individual who:
592          (i) has a power of attorney from all persons, governmental entities, or political
593     subdivisions whose interests were sought to be protected by the protected classification; or
594          (ii) submits a notarized release from all persons, governmental entities, or political
595     subdivisions whose interests were sought to be protected by the protected classification or from
596     their legal representatives dated no more than 90 days prior to the date the request is made;
597          (c) any person to whom the record must be provided pursuant to:
598          (i) a court order as provided in Subsection (7); or
599          (ii) a legislative subpoena as provided in Title 36, Chapter 14, Legislative Subpoena
600     Powers; or
601          (d) the owner of a mobile home park, subject to the conditions of Subsection
602     41-1a-116(5).
603          (5) [A] Except as provided in Subsection (1)(b), a governmental entity may disclose a
604     private, controlled, or protected record to another governmental entity, political subdivision,
605     state, the United States, or a foreign government only as provided by Section 63G-2-206.
606          (6) Before releasing a private, controlled, or protected record, the governmental entity
607     shall obtain evidence of the requester's identity.
608          (7) A governmental entity shall disclose a record pursuant to the terms of a court order
609     signed by a judge from a court of competent jurisdiction, provided that:
610          (a) the record deals with a matter in controversy over which the court has jurisdiction;
611          (b) the court has considered the merits of the request for access to the record;
612          (c) the court has considered and, where appropriate, limited the requester's use and
613     further disclosure of the record in order to protect:
614          (i) privacy interests in the case of private or controlled records;
615          (ii) business confidentiality interests in the case of records protected under Subsection
616     63G-2-305(1), (2), (40)(a)(ii), or (40)(a)(vi); and
617          (iii) privacy interests or the public interest in the case of other protected records;
618          (d) to the extent the record is properly classified private, controlled, or protected, the
619     interests favoring access, considering limitations thereon, are greater than or equal to the
620     interests favoring restriction of access; and
621          (e) where access is restricted by a rule, statute, or regulation referred to in Subsection
622     63G-2-201(3)(b), the court has authority independent of this chapter to order disclosure.
623          (8) (a) Except as provided in Subsection (8)(d), a governmental entity may disclose or
624     authorize disclosure of private or controlled records for research purposes if the governmental
625     entity:
626          (i) determines that the research purpose cannot reasonably be accomplished without
627     use or disclosure of the information to the researcher in individually identifiable form;
628          (ii) determines that:
629          (A) the proposed research is bona fide; and
630          (B) the value of the research is greater than or equal to the infringement upon personal
631     privacy;
632          (iii) (A) requires the researcher to assure the integrity, confidentiality, and security of
633     the records; and
634          (B) requires the removal or destruction of the individual identifiers associated with the
635     records as soon as the purpose of the research project has been accomplished;
636          (iv) prohibits the researcher from:
637          (A) disclosing the record in individually identifiable form, except as provided in
638     Subsection (8)(b); or
639          (B) using the record for purposes other than the research approved by the governmental
640     entity; and
641          (v) secures from the researcher a written statement of the researcher's understanding of
642     and agreement to the conditions of this Subsection (8) and the researcher's understanding that
643     violation of the terms of this Subsection (8) may subject the researcher to criminal prosecution
644     under Section 63G-2-801.
645          (b) A researcher may disclose a record in individually identifiable form if the record is
646     disclosed for the purpose of auditing or evaluating the research program and no subsequent use
647     or disclosure of the record in individually identifiable form will be made by the auditor or
648     evaluator except as provided by this section.
649          (c) A governmental entity may require indemnification as a condition of permitting
650     research under this Subsection (8).
651          (d) A governmental entity may not disclose or authorize disclosure of a private record
652     for research purposes as described in this Subsection (8) if the private record is a record
653     described in Subsection 63G-2-302(1)(u).
654          (9) (a) Under Subsections 63G-2-201(5)(b) and 63G-2-401(6), a governmental entity
655     may disclose to persons other than those specified in this section records that are:
656          (i) private under Section 63G-2-302; or
657          (ii) protected under Section 63G-2-305, subject to Section 63G-2-309 if a claim for
658     business confidentiality has been made under Section 63G-2-309.
659          (b) Under Subsection 63G-2-403(11)(b), the records committee may require the
660     disclosure to persons other than those specified in this section of records that are:
661          (i) private under Section 63G-2-302;
662          (ii) controlled under Section 63G-2-304; or
663          (iii) protected under Section 63G-2-305, subject to Section 63G-2-309 if a claim for
664     business confidentiality has been made under Section 63G-2-309.
665          (c) Under Subsection 63G-2-404(7), the court may require the disclosure of records
666     that are private under Section 63G-2-302, controlled under Section 63G-2-304, or protected
667     under Section 63G-2-305 to persons other than those specified in this section.
668          (10) A record contained in the Management Information System, created in Section
669     62A-4a-1003, that is found to be unsubstantiated, unsupported, or without merit may not be
670     disclosed to any person except the person who is alleged in the report to be a perpetrator of
671     abuse, neglect, or dependency.
672          (11) (a) A private record described in Subsection 63G-2-302(2)(f) may only be
673     disclosed as provided in Subsection (1)(e).
674          (b) A protected record described in Subsection 63G-2-305(43) may only be disclosed
675     as provided in Subsection (4)(c) or Section 62A-3-312.
676          (12) (a) A private, protected, or controlled record described in Section 62A-16-301
677     shall be disclosed as required under:
678          (i) Subsections 62A-16-301(1)(b), (2), and (4)(c); and
679          (ii) Subsections 62A-16-302(1) and (6).
680          (b) A record disclosed under Subsection (12)(a) shall retain its character as private,
681     protected, or controlled.
682          Section 6. Section 63G-2-302 is amended to read:
683          63G-2-302. Private records.
684          (1) The following records are private:
685          (a) records concerning an individual's eligibility for unemployment insurance benefits,
686     social services, welfare benefits, or the determination of benefit levels;
687          (b) records containing data on individuals describing medical history, diagnosis,
688     condition, treatment, evaluation, or similar medical data;
689          (c) records of publicly funded libraries that when examined alone or with other records
690     identify a patron;
691          (d) records received by or generated by or for:
692          (i) the Independent Legislative Ethics Commission, except for:
693          (A) the commission's summary data report that is required under legislative rule; and
694          (B) any other document that is classified as public under legislative rule; or
695          (ii) a Senate or House Ethics Committee in relation to the review of ethics complaints,
696     unless the record is classified as public under legislative rule;
697          (e) records received by, or generated by or for, the Independent Executive Branch
698     Ethics Commission, except as otherwise expressly provided in Title 63A, Chapter 14, Review
699     of Executive Branch Ethics Complaints;
700          (f) records received or generated for a Senate confirmation committee concerning
701     character, professional competence, or physical or mental health of an individual:
702          (i) if, prior to the meeting, the chair of the committee determines release of the records:
703          (A) reasonably could be expected to interfere with the investigation undertaken by the
704     committee; or
705          (B) would create a danger of depriving a person of a right to a fair proceeding or
706     impartial hearing; and
707          (ii) after the meeting, if the meeting was closed to the public;
708          (g) employment records concerning a current or former employee of, or applicant for
709     employment with, a governmental entity that would disclose that individual's home address,
710     home telephone number, social security number, insurance coverage, marital status, or payroll
711     deductions;
712          (h) records or parts of records under Section 63G-2-303 that a current or former
713     employee identifies as private according to the requirements of that section;
714          (i) that part of a record indicating a person's social security number or federal employer
715     identification number if provided under Section 31A-23a-104, 31A-25-202, 31A-26-202,
716     58-1-301, 58-55-302, 61-1-4, or 61-2f-203;
717          (j) that part of a voter registration record identifying a voter's:
718          (i) driver license or identification card number;
719          (ii) Social Security number, or last four digits of the Social Security number;
720          (iii) email address; or
721          (iv) date of birth;
722          (k) a voter registration record that is classified as a private record by the lieutenant
723     governor or a county clerk under Subsection 20A-2-104[(4)(f)](6) or 20A-2-101.1(5)(a);
724          (l) a record that:
725          (i) contains information about an individual;
726          (ii) is voluntarily provided by the individual; and
727          (iii) goes into an electronic database that:
728          (A) is designated by and administered under the authority of the Chief Information
729     Officer; and
730          (B) acts as a repository of information about the individual that can be electronically
731     retrieved and used to facilitate the individual's online interaction with a state agency;
732          (m) information provided to the Commissioner of Insurance under:
733          (i) Subsection 31A-23a-115(3)(a);
734          (ii) Subsection 31A-23a-302(4); or
735          (iii) Subsection 31A-26-210(4);
736          (n) information obtained through a criminal background check under Title 11, Chapter
737     40, Criminal Background Checks by Political Subdivisions Operating Water Systems;
738          (o) information provided by an offender that is:
739          (i) required by the registration requirements of Title 77, Chapter 41, Sex and Kidnap
740     Offender Registry or Title 77, Chapter 43, Child Abuse Registry; and
741          (ii) not required to be made available to the public under Subsection 77-41-110(4) or
742     77-43-108(4);
743          (p) a statement and any supporting documentation filed with the attorney general in
744     accordance with Section 34-45-107, if the federal law or action supporting the filing involves
745     homeland security;
746          (q) electronic toll collection customer account information received or collected under
747     Section 72-6-118 and customer information described in Section 17B-2a-815 received or
748     collected by a public transit district, including contact and payment information and customer
749     travel data;
750          (r) an email address provided by a military or overseas voter under Section
751     20A-16-501;
752          (s) a completed military-overseas ballot that is electronically transmitted under Title
753     20A, Chapter 16, Uniform Military and Overseas Voters Act;
754          (t) records received by or generated by or for the Political Subdivisions Ethics Review
755     Commission established in Section 11-49-201, except for:
756          (i) the commission's summary data report that is required in Section 11-49-202; and
757          (ii) any other document that is classified as public in accordance with Title 11, Chapter
758     49, Political Subdivisions Ethics Review Commission;
759          (u) a record described in Subsection 53A-11a-203(3) that verifies that a parent was
760     notified of an incident or threat; and
761          (v) a criminal background check or credit history report conducted in accordance with
762     Section 63A-3-201.
763          (2) The following records are private if properly classified by a governmental entity:
764          (a) records concerning a current or former employee of, or applicant for employment
765     with a governmental entity, including performance evaluations and personal status information
766     such as race, religion, or disabilities, but not including records that are public under Subsection
767     63G-2-301(2)(b) or 63G-2-301(3)(o) or private under Subsection (1)(b);
768          (b) records describing an individual's finances, except that the following are public:
769          (i) records described in Subsection 63G-2-301(2);
770          (ii) information provided to the governmental entity for the purpose of complying with
771     a financial assurance requirement; or
772          (iii) records that must be disclosed in accordance with another statute;
773          (c) records of independent state agencies if the disclosure of those records would
774     conflict with the fiduciary obligations of the agency;
775          (d) other records containing data on individuals the disclosure of which constitutes a
776     clearly unwarranted invasion of personal privacy;
777          (e) records provided by the United States or by a government entity outside the state
778     that are given with the requirement that the records be managed as private records, if the
779     providing entity states in writing that the record would not be subject to public disclosure if
780     retained by it;
781          (f) any portion of a record in the custody of the Division of Aging and Adult Services,
782     created in Section 62A-3-102, that may disclose, or lead to the discovery of, the identity of a
783     person who made a report of alleged abuse, neglect, or exploitation of a vulnerable adult; and
784          (g) audio and video recordings created by a body-worn camera, as defined in Section
785     77-7a-103, that record sound or images inside a home or residence except for recordings that:
786          (i) depict the commission of an alleged crime;
787          (ii) record any encounter between a law enforcement officer and a person that results in
788     death or bodily injury, or includes an instance when an officer fires a weapon;
789          (iii) record any encounter that is the subject of a complaint or a legal proceeding
790     against a law enforcement officer or law enforcement agency;
791          (iv) contain an officer involved critical incident as defined in Section 76-2-408(1)(d);
792     or
793          (v) have been requested for reclassification as a public record by a subject or
794     authorized agent of a subject featured in the recording.
795          (3) (a) As used in this Subsection (3), "medical records" means medical reports,
796     records, statements, history, diagnosis, condition, treatment, and evaluation.
797          (b) Medical records in the possession of the University of Utah Hospital, its clinics,
798     doctors, or affiliated entities are not private records or controlled records under Section
799     63G-2-304 when the records are sought:
800          (i) in connection with any legal or administrative proceeding in which the patient's
801     physical, mental, or emotional condition is an element of any claim or defense; or
802          (ii) after a patient's death, in any legal or administrative proceeding in which any party
803     relies upon the condition as an element of the claim or defense.
804          (c) Medical records are subject to production in a legal or administrative proceeding
805     according to state or federal statutes or rules of procedure and evidence as if the medical
806     records were in the possession of a nongovernmental medical care provider.